Conor Lenihan (Dublin South West, Fianna Fail)

I propose to reply to the issue raised by Deputies Glennon and Finian McGrath on the case of Mr. Christy McGrath. I am mindful of Deputy Glennon's comments about the Birmingham Six and the Guildford Four, two cases which I reported on as a journalist in London. I am very conscious of the issues and the heart-rending matters involved for the families of those concerned. I am also very conscious of Senator Ó Murchú's contribution to this campaign. We are anxious to respond as best we can.

The Department of Foreign Affairs has been actively monitoring the case of Christy McGrath from Carrick-on-Suir who was charged with the murder of an ex-footballer outside a pub in Coundon, County Durham, England, in July 2000. At his trial in January 2001, Mr. McGrath pleaded guilty to the murder and was given the mandatory sentence of life. He is required to serve a minimum period of 14 years before he can be considered for release. Since his trial Mr. McGrath has claimed that he was pressured by his legal team on the day of his trial to change his earlier plea of "innocent" to one of "guilty" and that he was informed that if he did not do so, he would receive 30 years without parole.

Mr. McGrath has been visited on six separate occasions by a diplomatic officer of the Irish Embassy in London. Mr. McGrath claims that forensic evidence exists which, if examined, would exonerate him and he remains adamant that if he got a retrial, he would be found innocent. He has reiterated his contention that he was set up by others, including his co-accused who walked free, and that he was bullied by his legal team into pleading guilty on the morning of his trial.

Mr. McGrath has engaged a well known firm of UK lawyers to advance his legal case and he hopes that it will be possible for an appeal to be lodged. I understand that his solicitor has indicated that she continues to seek grounds on which to lodge an appeal and-or to seek to have the case reopened. As the House will appreciate, Mr. McGrath's legal representative is best placed to advise him on the options open to him to avail of appeal procedures in the British judicial system.

In October 2001, the former Minister for Foreign Affairs, Deputy Cowen, met Mr. McGrath's family and supporters and assured them that the Department would continue to provide all appropriate consular assistance to Mr. McGrath and his family. The Department, through the Irish Embassy in London, continues to monitor the case closely and remains in contact with Mr. McGrath. A diplomatic officer from the embassy has visited him on six occasions. The most recent visit was on 23 June 2005. On 26 April 2005 the embassy also met representatives of the group campaigning for his release.

The embassy has also remained in contact with the prison authorities on Mr. McGrath's behalf. He was initially detained in Holme House Prison in Stockton in England and, during his first consular prison visit, he asked for the embassy's help in securing his transfer to the prison in Gartree as he felt it would more easily facilitate visits from his solicitor and family. He also indicated that he wished to be transferred as Holme House was near Durham where the murder occurred and he was concerned for his own safety and that of his family if he remained in prison in that area. Following representations from the embassy he was transferred to Gartree prison in June 2002.

Up to recently Mr. McGrath was working in the prison. He is now, however, recovering from surgery to his feet. He informed the embassy on the last visit that he has no complaints against the prison authorities.

So far, Mr. McGrath has declined to apply for a transfer under the European Convention on the Transfer of Sentenced Persons to serve out his sentence in a prison in Ireland. He remains determined not to do so until his innocence is recognised. Neither has he participated in any prison offenders' courses for the exact same reason.

There is an independent body in Britain, the Criminal Cases Review Commission, which has the power to review and supervise investigations into possible miscarriages of justice. It is my understanding, however, that unless there are exceptional circumstances, the commission is not empowered to consider cases unless the normal court appeal system has been exhausted.

I assure the Deputies that the Department of Foreign Affairs, through the Irish Embassy, will continue to provide all possible consular assistance to Mr. McGrath.

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